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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

shit, EHCNA refusal, aibu to feel mad at school & SENCO?

90 replies

sillygames · 28/03/2023 18:14

EHCNA just refused after the first 6 weeks? It was a parental request.

Can't believe it. I feel sick. DS has a long list of complex SENDs (ADHD/ASD/SPLD/SEMH) and chronic anxiety. He's at one of those super strict Academies. We only discovered SEND issues after joining. It's totally inappropriate for him as many professionals within it agree. I thought the SENCO agreed.

ECHP co-ordinator said the "Panel felt from the evidence provided that DS is making progress with the support provided by the school Panel felt that the school can use more strategies from EP’s recommendations to support DS social needs."

I feel sick. He's so anxious because of all the rules and his failure to do well that he's suicidal. The school & SENCO is know this. WTF did they say to the EHCP team?

How long do tribunals take?
If we take him out of school for the sake of his sanity will it make a tribunal and (hopefully) resulting EHCNA take longer or take less time?

OP posts:
JustKeepBuilding · 28/03/2023 19:11

Sadly many are refused as a matter of course. Appeal, the vast majority of appeals are upheld. Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs often use mediation as a delaying tactic, if they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate.

Don’t deregister. Parents often find it easier, although not easy, to get support when their DC remains on the school’s roll even if they can’t attend. Crudely you are someone’s ‘problem’ whereas if you deregister it is easier for professionals to sweep DC’s needs under the carpet. If DS can’t attend school full time the LA must provide alternative education. But if you deregister and EHE you relieve the LA of their duty.

Be careful with SENDIASS, some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

JustKeepBuilding · 28/03/2023 19:16

Ralphschocolate · 28/03/2023 18:30

I'm assuming he started year 7 in September?

Our local authority ask for 3 one plans to be completed before even considering a needs assessment so it can be shown what the school have done to support the child and what works and what doesn't. We're only at the end of the 2nd term so that's only 2 one plans.

That is unlawful.

sillygames · 28/03/2023 19:17

he's in year 8 i mean, not year 9

OP posts:
JustKeepBuilding · 28/03/2023 19:19

Think about what evidence you have. Submitting SARs to school and CAMHS may help you gather more evidence. Consider if you need independent assessments - if you are eligible for legal aid this can fund them, if not but you can’t afford them contact Parents in Need as they can sometimes help fund them.

<waves at @EmmatheStageRat>

Soontobe60 · 28/03/2023 19:21

isthisreallyit70 · 28/03/2023 18:29

I'm speaking from experience . Piss people off , you know what's best for your child.

When I was fighting for an EHCP. I included the following people in the email

Head of local SEND
Local Educational psych / or dept
Headteacher of current school
SEN Teacher at current school
Virtual head for area
Any other professionals involved

The following Carry clout
Head of OFSTED
Education Minster
Local MP

people who scream the loudest will get what they need. I did (normally not obtrusive) and got my child into a school that charges between 70-100k a year. They don't like to pay but they don't like having MP's involved . I would also make contact with MP about Thai anyway.

Don't give up , they normally automatically reject parental requests . It's all about money obviously but people who don't give up can get through it . Push the school to get an Ed psych assessment too.

Some of the people you have mentioned carry absolutely NO clout!

MWT · 28/03/2023 19:26

jenandberrys · 28/03/2023 18:45

This is not true, in broad terms more than 75% of requests to assess are granted. LAs are far more likely to assess than not.

It depends on the area. It is true for my local area. Even with children who have significant needs.

jenandberrys · 28/03/2023 19:27

MWT · 28/03/2023 19:26

It depends on the area. It is true for my local area. Even with children who have significant needs.

What are your LA stats?

TheCaddieisaBaddie · 28/03/2023 19:32

The request is based on has or may have SEN and whether or not special educational provision in line with EHCP needs to be made. The provision suggested by EP above can be put into place without an EHCP.

FourBoysAndAFeline · 28/03/2023 19:39

OP what evidence did you send them when you requested an assessment?

sillygames · 28/03/2023 19:44

@TheCaddieisaBaddie yes, the recommendations from the EP don't sound like they need an EHCP but also I think they're inadequate. They don't look like they'd really help address his needs at all. Even so, one of them can't be met by the school which will not accept reduced homework.
He needs a reduced timetable, they won't do that either.
He needs an environment that is nurturing and supportive, and where he can exist without having to mask his ND or risk punishment.

OP posts:
sillygames · 28/03/2023 19:47

@FourBoysAndAFeline we submitted reports from Psychiatrist about ASD/ADHD diagnosis, and from school about SPLD.

OP posts:
Icmdiba · 28/03/2023 19:48

Just appeal. My LA refused to assess my daughter. I appealed. The LA conceded before the tribunal. The original request to assess was July, her EHCP is now in place. It’s still a shit show and I might have to appeal the plan and even then it’s hard to ensure school is actually doing it. But you have to take it step by step.

So my advice is go straight to appeal. Buy the SOS SEN £10 webinar on appealing a refusal to assess. This was invaluable to me. And look at IPSEA too.

good luck

jenandberrys · 28/03/2023 19:50

sillygames · 28/03/2023 19:47

@FourBoysAndAFeline we submitted reports from Psychiatrist about ASD/ADHD diagnosis, and from school about SPLD.

EHCNA are based on need diagnosis. You need to show what the needs are that may need provision in line with an EHCP. The vast majority of children with the diagnoses your son had don’t have EHCPs a diagnosis does not equal an EHCNA

jenandberrys · 28/03/2023 19:51

jenandberrys · 28/03/2023 19:50

EHCNA are based on need diagnosis. You need to show what the needs are that may need provision in line with an EHCP. The vast majority of children with the diagnoses your son had don’t have EHCPs a diagnosis does not equal an EHCNA

First sentence should read ‘need NOT diagnosis’

Skiphopbump · 28/03/2023 19:52

Think really carefully about a reduced timetable. What would the goal be?
When DS was in year 8 he really struggled to get back into school after the second lockdown. We implemented a reduced timetable, instead of increasing the hours we were reducing them rapidly until just coming in at break was seen as a win.

DS started year 9 in another school and never needed any reduced hours.

JaggySplinter · 28/03/2023 19:58

When you start a thread like this, lots of people will come on and give you opinions. Many will be very ill informed, many will have received unlawful treatment from their LA, some will have experience and good advice.

You need to empower yourself. Look at IPSEA and your local SENDIASS. Know the law, and get legal advice.

Understand that schools and local authorities will have unlawful policies. Know your child's rights and demand them. Do not be fobbed off.

Stick with the process. Parents (and young people) win in 97% of appeals.

You will get what your child needs if you are tenacious and informed, but it will be a hard journey. Good luck!

JustKeepBuilding · 28/03/2023 20:04

He needs a reduced timetable, they won't do that either.

If DS can’t attend school full time he doesn’t have to.

Long term on its own a reduced timetable shouldn’t be used. Part time timetables should be short term aimed at reintegration. After that pupils should either be in school full time or alternative arrangements made as well of part time school or instead of. The exception is where the pupil’s needs mean full-time education in any form is not in their best interests, and the LA would have a hard time proving full time education wasn’t in DS’s best interests without even trying to provide any support or form of education (the scope of what is considered educational is wider than many realise) other than school.

sillygames · 28/03/2023 20:06

@jenandberrys we didn't just submit the diagnoses, we also wrote about his mental state and anxiety, his increasingly worse academic achievement. His suicidal thoughts which all relate to his misery at school.

OP posts:
sillygames · 28/03/2023 20:10

I mentioned reduced timetable because as far as I can see that' what all the specialist ASD schools offer - fewer subjects.

He absolutely needs an environment where he's allowed to be himself, and not be made to feel like a failure constantly.

OP posts:
donttellmehesalive · 28/03/2023 20:13

Please don't blame the school. We want kids to get EHCPs. We celebrate when applications are successful. But we also have to answer specific questions honestly. Ignore pp saying to write to Ofsted, DofE etc as that won't help at all. Get the school on side and ask them to help. Ask them to follow the graduated response and try the Ed Psych's suggestions.

clareykb · 28/03/2023 20:14

I would go to mediation. We had our daughters needs assessment refused in October, at mediation I told them I was going to take them to SEND tribunal... 3 days later they agreed to assess. I think unfortunately they bank on people not bothering to appeal. I would also speak to SENDIAS

donttellmehesalive · 28/03/2023 20:16

sillygames · 28/03/2023 20:06

@jenandberrys we didn't just submit the diagnoses, we also wrote about his mental state and anxiety, his increasingly worse academic achievement. His suicidal thoughts which all relate to his misery at school.

Is mental state documented, such as by CAMHS? If not, it is just your word and I am sorry to say that some parents do lie and exaggerate to further their case. Fundamentally there are too many children chasing places at the school like the one you want, and they need to make sure they go to the most deserving.

FourBoysAndAFeline · 28/03/2023 20:16

sillygames · 28/03/2023 20:06

@jenandberrys we didn't just submit the diagnoses, we also wrote about his mental state and anxiety, his increasingly worse academic achievement. His suicidal thoughts which all relate to his misery at school.

OP this is exactly what I did wrong the first time.

I sent in my sons diagnoses, reports etc.

But what if don't realise was that I needed to send proof that they were not meeting his needs.

Send proof that he went from top
sets to bottom sets. Send proof that the school have put in interventions to help
him send proof that they offered brain breaks and all the other crap they offer.
Then say that ^despite this "help" from
the school" he still suffers with anxiety (send GP reports, A&E reports etc) and it is hindering his learning.

Then state exactly what you want the EHCP for and why. He has a right to a full time education in a safe place.

sillygames · 28/03/2023 20:17

I had heard that mediation was just a delay tactic by the LA's

OP posts:
donttellmehesalive · 28/03/2023 20:17

sillygames · 28/03/2023 20:10

I mentioned reduced timetable because as far as I can see that' what all the specialist ASD schools offer - fewer subjects.

He absolutely needs an environment where he's allowed to be himself, and not be made to feel like a failure constantly.

I don't understand why school can't offer this. We do. What is their benchmark for allowing this?